Reason for not refunding the security amount of Rs. 10,000/- of his OYT phone with interest @ 18% was sought - CIC: compensation of Rs.1000/- granted u/s 19(8)(b) of the RTI Act for the inconvenience & detriment caused to the appellant

Information sought:-

The appellant has sought the following information regarding refund of Security Amount of Rs.10,000/- of his OYT Phone No. BLI-21972:-

1. Provide the reason that why the Department is not refunding the security of Rs. 10,000/- of above OYT phone with interest @ 18% since 02/07/99, even on repeated requests since 30/05/2000.

2. Whether any reply of letter dated 18/06/2012 to Accounts Officer (TR) BSNL Ballia has been given by him.

3. If the reply to query no. 2 is yes, then furnish the copy of that reply for perusal & record.

4. If the reply to query no. 2 is no, then provide the reason for not giving the reply of my letter dated 18/06/2012 till date.

5. In case, still you are not refunding my Security Amount along with interest, the please inform me the Name & Address with Phone numbers of the next Authority to whom I should approach for refund of Security Amount.

Grounds for the Second Appeal: The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing: The following were present

Appellant: Mr. Ashok Saxena through VC

Respondent: Mr. Jagdish Chandra CPIO through VC

The appellant stated that he is not satisfied with the reply given in response to query 1, 2 & 5 of his RTI application dated 17/09/2012 and the information was received late by 3 days. The CPIO stated that the information sought under query 1 is of interrogatory nature and that sought under query 2 & 5 was provided vide letters dated 17/09/2012 & 04/10/2012. He, however, accepted that there was a marginal delay in sending the reply. The appellant argued that the respondent should have given proper information instead of quoting earlier replies and pleaded that he has suffered detriment due to non-provision of correct and timely information and some compensation should be allowed.

Decision notice:

The CPIO is directed to provide the information sought by the appellant under query 1, 2 & 5 of this RTI application dated 17/09/2012 within 7 days from the date of receipt of this order. From the foregoing it is apparent that the appellant did not receive the correct and timely information. For the inconvenience caused to him, he deserves to be compensated. Therefore, in exercise of the powers vested in the CIC in Section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; of the RTI Act we direct the department to compensate him by an amount of Rs.1000/- for the inconvenience and detriment caused to him. Accordingly, the CPIO should ensure that this amount is remitted to the appellant by demand draft/pay order within 30 days from the date of receipt of this order. The appeal is disposed of accordingly.

BASANT SETH

Information Commissioner

Citation: Mr. Ashok Saxena v. BSNL in File No. CIC/BS/A/2014/000202/6644